President Joe Biden is seriously contemplating significant reforms to the U.S. Supreme Court, including the establishment of term limits for justices and the implementation of an enforceable ethics code, according to three individuals briefed on the matter. This development, initially reported by The Washington Post, signals a major shift in Biden’s stance on judicial reform.
Biden, who previously chaired the Senate Judiciary Committee, has traditionally resisted calls for Supreme Court reform. However, since assuming the presidency, he has increasingly expressed concerns about the court’s departure from mainstream constitutional interpretation. These proposed reforms, if pursued, would represent a substantial departure from his earlier position.
Achieving these changes would require congressional approval, a daunting prospect in a divided legislature. Nonetheless, Biden’s advocacy for reform could energize his voter base, especially as former President Donald Trump boasts about appointing three justices who now form a conservative majority on the court.
In addition to term limits and an ethics code, Biden is also contemplating a constitutional amendment to eliminate the broad immunity granted to presidents by the Supreme Court. This consideration follows Trump’s assertion of immunity from prosecution for his actions on January 6, 2021, when his supporters violently stormed the U.S. Capitol.
The individuals revealing these plans spoke to The Associated Press on condition of anonymity, as they were not authorized to discuss the proposals publicly.
These deliberations come amidst mounting Democratic frustration with Supreme Court decisions that have overturned long-standing precedents on abortion rights and federal regulatory powers. Further fueling the outcry are revelations about ethical lapses among some justices, such as Clarence Thomas’s acceptance of luxury trips from a GOP megadonor.
In a recent interview with BET, Biden forecasted the likelihood of appointing “two more” justices in the next four years due to retirements, emphasizing the critical impact of Trump’s appointments in overturning Roe v. Wade. “Just imagine if he has two more appointments, what that means,” Biden remarked.
The Supreme Court has not yet responded to requests for comments on Biden’s proposals.
During a call with the Congressional Progressive Caucus, Biden discussed the potential reforms. According to a transcript of the call, he stated, “I’m about to come out with a major initiative on limiting the court and what we do and — I’ve been working with constitutional scholars for the last three months, and I need some help.”
Public opinion appears to support such reforms. A 2022 poll by the Associated Press-NORC Center for Public Affairs Research found that approximately two-thirds of Americans favor term limits or a mandatory retirement age for Supreme Court justices. Additionally, a June survey indicated low confidence in the court, with 4 in 10 Americans expressing little to no confidence in its leadership.
The same survey revealed that 7 in 10 Americans believe the justices are influenced more by ideology than by a commitment to fair and impartial judgment.
In response to growing scrutiny, the Supreme Court adopted its first code of ethics in November. However, critics argue that the policy lacks substantial new requirements and relies entirely on the justices’ self-enforcement.
For years, Republicans have prioritized reshaping the federal judiciary. Under Senate Majority Leader Mitch McConnell, R-Ky., they blocked President Obama’s Supreme Court nominee, Merrick Garland, allowing Trump to appoint three justices. This strategy has significantly influenced the judiciary for a generation.
Democrats, recognizing the judiciary’s electoral importance, have made judicial appointments a priority. Biden has appointed a record number of judges during his first term, emphasizing diversity in his selections.
Trump criticized Biden’s potential reforms on his Truth Social platform, stating, “The Democrats are attempting to interfere in the Presidential Election, and destroy our Justice System, by attacking their Political Opponent, ME, and our Honorable Supreme Court. We have to fight for our Fair and Independent Courts, and protect our Country.”
This story, detailing Biden’s potential landmark reforms, illustrates the ongoing political battle over the future direction of the U.S. Supreme Court.
Credit: AP
